Distinctiveness under the microscope – Cantarella granted special leave to appeal to the High Court

On Friday, 14 March 2014, the High Court granted Cantarella Bros Pty Ltd special leave to appeal the Full Court of the Federal Court’s decision in Modena Trading Pty Ltd v Cantarella Bros Pty Ltd [2013] FCAFC 110. The High Court has been asked to clarify the correct application of the test for distinctiveness (section read more...

Nestlé wins latest battle with Cadbury over the colour purple in the UK

On 4 October 2013, the Court of Appeal of England & Wales upheld an appeal brought by Nestlé in relation to Cadbury’s application to register the colour purple as a trade mark in respect of the packaging of chocolate. Whilst Cadbury’s application was for a specific shade of the colour purple (namely, Cadbury’s famous Pantone read more...
Subjects: Trade marks

ALRC proposes “fair use” exception to copyright infringement

On 5 June 2013, the Australian Law Reform Commission released a Discussion Paper for its Copyright and the Digital Economy inquiry. Amongst other things, the ALRC has proposed the introduction of a US-style broad and flexible “fair use” exception to copyright infringement. If enacted, the proposals would have a broad ranging effect on copyright law and practice in Australia. read more...
Subjects: Copyright

Can classified websites protect content from scraping? In the Craigslist case, a US Court says – maybe

A series of recent Australian cases have exposed the potential inadequacy of copyright laws to protect databases and other compilations of factual information from wholesale copying.  This inadequacy is exacerbated online, where content can be scraped and reproduced easily and quickly by third parties using automated software.  Whilst legislators in some foreign jurisdictions have enacted read more...

Neil Brooks and the Nine Network: Does ACMA offer sufficient vindication to current affairs program targets?

Current affairs programs like Today Tonight and A Current Affair enable ordinary Australians to voice their grievances in circumstances where traditional avenues to justice (i.e. the Courts) are increasingly out of reach. These programs are hugely popular. It follows that the more extravagant the allegation, the higher the ratings.  However, what happens if the allegations over-reach? read more...

Breaking News – Unanimous High Court decision: Google wins appeal against ACCC

The High Court has today unanimously found in favour of Google, holding that Google was not liable for misleading or deceptive conduct for having published misleading sponsored links, which had been purchased by advertisers using its flagship AdWords program. According to the High Court’s summary available here, “the Court found that ordinary and reasonable users of the read more...

Orribile! Italian winemaker crowing over French rival’s trade mark

Perhaps to the dismay of Italian wine enthusiasts, a Chianti Classico producer has lost its battle to prevent a rival French winemaker from registering a trade mark incorporating the image of a rooster.  The Court found that, because consumers order wine at bars and restaurants by their brand name, they are more likely to identify read more...
Subjects: Trade marks

TwitterLeaks – personal information not so private in Web 2.0

A US Court has recently upheld an Order requiring social networking giant Twitter to produce electronic records of three Twitter account holders to the United States Government as part of the criminal investigation into WikiLeaks, Jullian Assange and Bradley Manning. read more...